Bombay High Court
Debasis Das S/O Dulalchandra Das vs Rashtrasant Tukadoji Maharaj Nagpur ... on 3 February, 2016
Author: A.S.Chandurkar
Bench: Vasanti A. Naik, A.S.Chandurkar
1/4 0302WP799.15-Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 799 OF 2015
PETITIONER :- Debasis Das S/o Dulalchandra Das, aged 31
years, Occ. Service, R/o : Plot No.01, Gomati
Chhaya, Talak Nagar, Nagpur-440010.
...VERSUS...
RESPONDENTS :- 1. Rashtrasant Tukadoji Maharaj Nagpur
University, Nagpur, through its Registrar,
Civil Lines, Nagpur.
ig 2. Shri Nagpur Gujrathi Mandal through its
Secretary, Office at VMV Commerce, JMT
Arts and JJP Science College, Wardhman
Nagar, Nagpur.
3. VMV Commerce, JMT Arts and JJP Science
College, through its Principal, Wardhman
Nagar, Nagpur.
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Mr. B. G. Kulkarni, counsel for the petitioner.
Mr. P. B. Patil, counsel for the respondent No.1.
Mr. Anand Parchure, counsel for the respondent Nos.2 and 3.
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CORAM : SMT. VASANTI A. NAIK &
A.S.CHANDURKAR, JJ.
DATED : 03.02.2016 O R A L J U D G M E N T (Per Smt.Vasanti A. Naik, J.) Rule. Rule made returnable forthwith. The petition is heard finally at the stage of admission with the consent of the learned counsel for the parties.
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2. The petitioner challenges the order of the respondent-
University, refusing to grant approval to the appointment of the petitioner on the post of Lecturer and Assistant Professor in Master of Computer Application course.
3. The petitioner had secured the degree of Master of Computer Application from Punjab Technical University that is recognized by the A.I.C.T.E., U.G.C. and the Distance Education Council.
In pursuance of an advertisement issued by the respondent Nos.2 and 3, the petitioner applied for the post of Lecturer and Assistant Professor in the respondent No.3-College for Master of Computer Application Course and the petitioner was duly selected by the Selection Committee and appointed by the respondent No.3 on the said post on 10/03/2014.
The respondent No.3 sent the proposal of the petitioner to the respondent-University for grant of approval. The respondent-University, however, refused to grant approval by the impugned order dated 23/12/2014 on the ground that the Mater of Computer Application Course from Punjab Technical University is not recognized by the A.I.C.T.E.. The petitioner has challenged the order of the respondent-
University in the instant petition.
4. Shri Kulkarni, the learned counsel for the petitioner, submitted by referring to the relevant documents that the Master of ::: Uploaded on - 04/02/2016 ::: Downloaded on - 31/07/2016 03:36:47 ::: 3/4 0302WP799.15-Judgment Computer Application Course of Punjab Technical University was recognized by the A.I.C.T.E., U.G.C. as also the Distance Education Council. It is submitted that the sole reason for rejecting the proposal of the petitioner is incorrect, as the Master of Computer Application Course of Punjab Technical University is recognized by the A.I.C.T.E.
5. Shri Patil, the learned counsel for the respondent-
University, supported the order of the University, but fairly admitted that from the documents annexed by the petitioner to the writ petition, it appears that the Master of Computer Application Course of Punjab Technical University is recognized by the A.I.C.T.E.
6. Since the only reason on which the approval to the appointment of the petitioner is refused, falls to the ground in view of the approval to the Master of Computer Application Course of Punjab Technical University by the A.I.C.T.E., the impugned order is liable to be set aside. In the circumstances of the case, it would be necessary to direct the respondent-University to consider granting approval to the appointment of the petitioner within time frame, more so when approval was granted to the appointment of another lecturer though he had passed the Master of Computer Application Course from Punjab Technical University.
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7. Hence, the writ petition is allowed. The impugned order is quashed and set aside. The respondent-University should consider granting approval to the appointment of the petitioner as early as possible and positively within a period of one month.
Rule is made absolute in the aforesaid terms with no order as to costs.
ig JUDGE JUDGE
KHUNTE
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